42 USC 18645 - Fusion energy

U.S Code last checked for updates: Nov 22, 2024

§ 18645.

Fusion energy

(a)

Program

(b)

Fusion materials research and development

(1)

In general

As part of the activities authorized in section 16318 of this title—

(A)

the Director, in coordination with the Assistant Secretary for Nuclear Energy of the Department, shall carry out research and development activities to identify, characterize, and demonstrate materials that can endure the neutron, plasma, and heat fluxes expected in a fusion power system; and

(B)

the Director shall provide an assessment of—

(i)

the need for one or more facilities that can examine and test potential fusion and next generation fission materials and other enabling technologies relevant to the development of fusion power; and

(ii)

whether a single new facility that substantially addresses magnetic fusion and next generation fission materials research needs is feasible, in conjunction with the expected capabilities of facilities operational as of September 28, 2018.

(2)

Authorization of appropriations

(c)

Tokamak research and development

(d)

Inertial fusion research and development

(1)

In general

(2)

Activities

As part of the program described in paragraph (1), the Director shall support activities at and partnerships with universities and the National Laboratories to—

(A)

develop novel target designs;

(B)

support modeling of various inertial fusion energy concepts and systems;

(C)

develop diagnostic tools; and

(D)

improve inertial fusion energy driver technologies.

(3)

Authorization of appropriations

(e)

Alternative and enabling concepts

(1)

In general

(2)

Activities

Fusion energy concepts and activities explored under paragraph (1) may include—

(A)

alternative fusion energy concepts, including—

(i)

advanced stellarator concepts;

(ii)

non-tokamak confinement configurations operating at low magnetic fields;

(iii)

magnetized target fusion energy concepts; or

(iv)

other promising fusion energy concepts identified by the Director;

(B)

enabling fusion technology development activities, including—

(i)

high magnetic field approaches facilitated by high temperature superconductors;

(ii)

liquid metals to address issues associated with fusion plasma interactions with the inner wall of the encasing device; and

(iii)

advanced blankets for heat management and fuel breeding; and

(C)

advanced scientific computing activities.

(3)

Innovation network for fusion energy

(A)

In general

(B)

Awards

Financial assistance under the program established in subsection (a)—

(i)

shall be awarded on a competitive, merit-reviewed basis; and

(ii)

may be in the form of grants, vouchers, equipment loans, or contracts to private entities.

(4)

Authorization of appropriations

(f)

Coordination with ARPA–E

The Director shall coordinate with the Director of the Advanced Research Projects Agency-Energy (referred to in this subsection as “ARPA–E”) to—

(1)

assess the potential for any fusion energy project supported by ARPA–E to represent a promising approach to a commercially viable fusion power plant;

(2)

determine whether the results of any fusion energy project supported by ARPA–E merit the support of follow-on research activities carried out by the Office of Science; and

(3)

avoid the unintentional duplication of activities.

(g)

Omitted

(h)

Identification of priorities

(1)

Report

(A)

In general

(B)

Inclusions

The report required under subparagraph (A) shall—

(i)

identify specific areas of fusion energy research and enabling technology development in which the United States can and should establish or solidify a lead in the global fusion energy development effort;

(ii)

identify priorities for initiation of facility construction and facility decommissioning under each of the three budget scenarios described in subparagraph (A); and

(iii)

assess the ability of the fusion workforce of the United States to carry out the activities identified under clauses (i) and (ii), including the adequacy of programs at institutions of higher education in the United States to train the leaders and workers of the next generation of fusion energy researchers.

(2)

Process

(3)

Requirement

(i)

Milestone-based development program

(1)

In general

(2)

Purpose

(3)

Eligibility

(4)

Requirements

In carrying out the milestone-based program under paragraph (1), the Secretary shall, for each relevant project—

(A)

request proposals from eligible entities, as determined by the Secretary, that include proposed technical milestones, including estimated project timelines and total costs;

(B)

set milestones based on a rigorous technical review process;

(C)

award funding of a predetermined amount to projects that successfully meet proposed milestones under paragraph (1), or for expenses deemed reimbursable by the Secretary, in accordance with terms negotiated for an individual award; and

(D)

communicate regularly with selected eligible entities and, if the Secretary deems appropriate, exercise small amounts of flexibility for technical milestones as projects mature.

(5)

Awards

For the program established under paragraph (1)—

(A)

an award recipient shall be responsible for all costs until milestones are achieved, or reimbursable expenses are reviewed and verified by the Department;

(B)

should an awardee not meet the milestones described in paragraph (4), the Secretary may end the partnership with an award recipient and use the remaining funds in the ended agreement for new or existing projects carried out under this section; and

(C)

consistent with the existing authorities of the Department, the Secretary may end the partnership with an award recipient for cause during the performance period.

(6)

Applications

(7)

Project management

(8)

Programmatic review

Not later than 4 years after the Secretary has established 3 milestones under this program, the Secretary shall enter into a contractual arrangement with the National Academy of Sciences to review and provide a report describing the findings of this review to the House Committee on Science, Space, and Technology and the Senate Committee on Energy and Natural Resources on the program established under this paragraph (1) that assesses—

(A)

the benefits and drawbacks of a milestone-based fusion program as compared to traditional program structure funding models at the Department;

(B)

lessons-learned from program operations; and

(C)

any other matters the Secretary determines regarding the program.

(9)

Annual report

(10)

Authorization of appropriations

Out of funds authorized to be appropriated under subsection (q),¹ there are authorized to be appropriated to the Secretary to carry out the activities described in this subsection, to remain available until expended—

(A)

$45,000,000 for fiscal year 2021;

(B)

$65,000,000 for fiscal year 2022;

(C)

$105,000,000 for fiscal year 2023;

(D)

$65,000,000 for fiscal year 2024;

(E)

$45,000,000 for fiscal year 2025;

(F)

$45,000,000 for fiscal year 2026; and

(G)

$45,000,000 for fiscal year 2027.

(j)

Fusion reactor system design

(1)

In general

Not later than 180 days after August 9, 2022, the Director shall establish not less than 2 national teams described in paragraph (2) that shall—

(A)

develop conceptual pilot plant designs and technology roadmaps; and

(B)

create an engineering design of a pilot plant that will bring fusion to commercial viability.

(2)

National teams

A national team referred to in paragraph (1) shall—

(A)

be composed of developers, manufacturers, universities, National Laboratories, and representatives of the engineering, procurement, and construction industries; and

(B)

include public-private partnerships.

(3)

Authorization of appropriations

Of the funds authorized to be appropriated for Fusion Energy Sciences in a fiscal year, there are authorized to be appropriated to the Secretary to carry out this subsection—

(A)

$35,000,000 for fiscal year 2023;

(B)

$50,000,000 for fiscal year 2024;

(C)

$65,000,000 for fiscal year 2025;

(D)

$80,000,000 for fiscal year 2026; and

(E)

$80,000,000 for fiscal year 2027.

(k)

General plasma science and applications

(l)

Sense of Congress

(m)

International collaboration

The Director shall—

(1)

as practicable and in coordination with other appropriate Federal agencies as necessary, ensure the access of United States researchers to the most advanced fusion research facilities and research capabilities in the world, including ITER;

(2)

to the maximum extent practicable, continue to leverage United States participation ITER,2

 So in original.

and prioritize expanding international partnerships and investments in current and future fusion research facilities within the United States; and

(3)

to the maximum extent practicable, prioritize engagement in collaborative efforts in support of future international facilities that would provide access to the most advanced fusion research facilities in the world to United States researchers.

(n)

Fission and fusion research coordination report

(1)

In general

(2)

Components

The report shall assess opportunities for collaboration on research and development of—

(A)

liquid metals to address issues associated with fusion plasma interactions with the inner wall of the encasing device and other components within the reactor;

(B)

immersion blankets for heat management and fuel breeding;

(C)

technologies and methods for instrumentation and control;

(D)

computational methods and codes for system operation and maintenance;

(E)

codes and standard development;

(F)

radioactive waste handling;

(G)

radiological safety;

(H)

potential for non-electricity generation applications; and

(I)

any other overlapping priority as identified by the Director of the Office of Science or the Assistant Secretary of Energy for Nuclear Energy.

(o)

High-performance computation collaborative research program

(1)

In general

The Secretary shall carry out a program to conduct and support collaborative research, development, and demonstration of fusion energy technologies, through high-performance computation modeling and simulation techniques, in order—

(A)

to support fundamental research in plasmas and matter at very high temperatures and densities;

(B)

to inform the development of a broad range of fusion energy systems; and

(C)

to facilitate the translation of research results in fusion energy science to industry.

(2)

Coordination

In carrying out the program under paragraph (1), the Secretary shall coordinate with relevant Federal agencies, and prioritize the following objectives:

(A)

To use expertise from the private sector, institutions of higher education, and the National Laboratories to leverage existing, and develop new, computational software and capabilities that prospective users may use to accelerate research and development of fusion energy systems.

(B)

To develop computational tools to simulate and predict fusion energy science phenomena that may be validated through physical experimentation.

(C)

To increase the utility of the research infrastructure of the Department by coordinating with the Advanced Scientific Computing Research program within the Office of Science.

(D)

To leverage experience from existing modeling and simulation entities sponsored by the Department.

(E)

To ensure that new experimental and computational tools are accessible to relevant research communities, including private sector entities engaged in fusion energy technology development.

(F)

To ensure that newly developed computational tools are compatible with modern virtual engineering and visualization capabilities to accelerate the realization of fusion energy technologies and systems.

(3)

Duplication

The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities of the program under paragraph (1) with the activities of—

(A)

other research entities of the Department, including the National Laboratories, the Advanced Research Projects Agency—Energy, and the Advanced Scientific Computing Research program within the Office of Science; and

(B)

industry.

(4)

High-Performance Computing for Fusion Innovation Center

(A)

In general

(B)

Eligible entities

An entity eligible to serve as the Center shall be—

(i)

a National Laboratory;

(ii)

an institution of higher education;

(iii)

a multi-institutional collaboration; or

(iv)

any other entity that the Secretary determines to be appropriate.

(C)

Application; selection

(i)

Application

(ii)

Selection

(D)

Existing activities

(E)

Priorities

(i)

In general

(ii)

Maintenance of resource availability

(F)

Duration

(G)

Renewal

(p)

Material Plasma Exposure Experiment

(1)

In general

(2)

Facility capabilities

The Secretary shall ensure that the facility described in paragraph (1) will provide the following capabilities:

(A)

A magnetic field at the target of 1 Tesla.

(B)

An energy flux at the target of 10 MW/m².

(C)

The ability to expose previously irradiated plasma facing material samples to plasma.

(3)

Start of operations

(4)

Funding

Of the funds authorized to be appropriated for Fusion Energy Sciences, there are authorized to be appropriated to the Secretary for the Office of Fusion Energy Sciences to complete construction of the facility described in paragraph (1)—

(A)

$21,895,000 for fiscal year 2023; and

(B)

$3,800,000 for fiscal year 2024.

(q)

Matter in Extreme Conditions instrument upgrade

(1)

In general

(2)

Start of operations

(r)

Authorization of appropriations

Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out the activities described in this section—

(1)

$996,000,000 for fiscal year 2021;

(2)

$921,000,000 for fiscal year 2022;

(3)

$1,025,500,400 for fiscal year 2023;

(4)

$1,043,489,724 for fiscal year 2024;

(5)

$1,053,266,107 for fiscal year 2025;

(6)

$1,047,962,074 for fiscal year 2026; and

(7)

$1,114,187,798 for fiscal year 2027.

(Pub. L. 115–246, title III, § 307, Sept. 28, 2018, 132 Stat. 3148; Pub. L. 116–260, div. Z, title II, § 2008(a), Dec. 27, 2020, 134 Stat. 2474; Pub. L. 117–167, div. B, title I, § 10105(a), Aug. 9, 2022, 136 Stat. 1441.)

cite as: 42 USC 18645